HomeMy WebLinkAbout12-17-07_Provisionally adopt Ordinance No_1735, Meadow Cree_26
Report compiled on December 12, 2007
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Zone Map Amendment Ordinance No.1735, for the Meadow Creek III and
IV ZMA, #Z-06274
Consent Item 1st Reading
MEETING DATE: Monday, December 17, 2007
RECOMMENDATION: The City Commission provisionally adopts Ordinance No. 1735 for the
Meadow Creek III and IV Zone Map Amendment.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
establish initial municipal zoning designations of “R-3” and “R-4” on 59.162 acres of land located
south of Stucky Road, north of a future extension of Graf Street, generally west of the Genesis
Business Park. The City Commission approved the requested zone map amendment application on
Monday, February 26, 2007.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, if the
property is further developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
441
ORDINANCE NO. 1735
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN
ZONE MAP FOR A MUNICIPAL ZONING DESIGNATION OF "R-
3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) AND “R-4”
(RESIDENTIAL HIGH DENSITY DISTRICT) ON 59.162 ACRES
LOCATED E ½ NE ¼ NW ¼ and the SE ¼ NW ¼ QUARTER IN
SECTION 23, T2S, R5E, GALLATIN COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to grant a zoning designation of “R-3",
Residential Medium Density District and “R-4", Residential High Density District, has been properly
submitted, reviewed and advertised; and
WHEREAS, after proper notice the Bozeman Zoning Commission held a public hearing
on February 6, 2007, to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on
February 26, 2007, to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone change
criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to
be in compliance with the twelve criteria; and
WHEREAS, at its meeting held on February 26, 2007, the City Commission found that
the proposed zone map amendment would be in compliance with the City of Bozeman Growth
Policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
442
Section 1
That the zoning district designation of the following-described property is hereby
designated as "R-3" (Residential Medium Density District):
A tract of land situated in the SE1/4NW1/4 of Section 23, Township 2 south, Range 5 East,
P.M.M., Gallatin County, Montana, more particularly described as follows:
Beginning at the Northwest 1/16th corner of Section 23, T.2S., R.5E. said point being the
southeast corner of Tract 2 of Certificate of Survey 1996; thence S 89°16'22" E, 669.61 feet;
thence S 89°15'37" E, 516.75 feet; thence S 01°27'54" W, 189.72 feet to a point of curve;
thence along a 300.00 foot radius curve to the left, through an internal angle of 33°06'51", an
arc distance of 173.39 feet (Chording S 15°05'31" E, 170.98 feet);
thence S 31°38'57" E, 101.25 feet to a point of curve; thence along a 300.00 foot radius
curve to the right, through an internal angle of 33°06'51", an arc distance of 173.39 feet
(Chording S 15°05'31" E, 170.98 feet); thence S 01°27'54" W, 741.39 feet to the center 1/4
corner of Section 23; thence N 88°56'40" W, 1335.20 feet along the east-west midsection
line to the West 1/16th corner of said Section 23; thence N 01°17'59" E, 1338.09 feet along
the West 1/16th line to the Northwest 1/16th corner of Section 23 and the Point of
Beginning, containing 39.80 acres, more or less, subject to any existing easements and/or
rights-of-way, whether of record or apparent on the ground.
Section 2
That the zoning district designation of the following-described property is hereby
designated as “R-4" (Residential High Density District):
A tract of land situated in the E1/2NE1/4NW1/4 of Section 23, Township 2 south,
Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as
follows:
Beginning at the North 1/4 corner of Section 23, T.2S., R.5E.; thence S 01°27'54"
W, 764.95 feet to a point of curve; thence along a 300.00 foot radius curve to the
right, through an internal angle of 33°06'52", an arc distance of 173.39 feet
(Chording S 18°01'20" W, 170.98 feet); thence S 34°34'46" W, 101.25 feet to a point
of curve; thence along a 300.00 foot radius curve to the left, through an internal
angle of 33°06'52", an arc distance of 173.39 feet (Chording S 18°01'20" W, 170.98
feet); thence S 01°27'54" W, 169.81 feet; thence N 89º15’37” W, 516.75 feet; thence
N 01° 22'52" E, 670.81 feet; thence N 01° 22'27" E, 670.73 feet to the North line of
Section 23;
thence S 89°35'21" E, 671.63 feet along the North line of said Section 23 to the
Point of Beginning, containing 19.36 acres, more or less, subject to any existing
easements and/or rights-of-way, whether of record or apparent on the ground.
443
Section 3
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the __th day of ______________, 2007.
______________________
JEFF KRAUSS
Mayor
ATTEST:
______________________
STACY ULMEN
City Clerk
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the ____ day of
________________ 2007.
_______________________
JEFF KRAUSS
Mayor
ATTEST:
______________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
______________________
PAUL J. LUWE
City Attorney
444